GENERAL ASSEMBLY OF NORTH CAROLINA

1993 SESSION

 

 

CHAPTER 328

HOUSE BILL 1094

 

AN ACT TO CLARIFY THE LAW RELATING TO THE CONDITIONAL DELIVERY OF MOTOR VEHICLES AND TO PROVIDE FOR INSURANCE COVERAGE FOR VEHICLES ADDED TO EXISTING POLICIES ON NONBUSINESS DAYS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Chapter 20 of the General Statutes is amended by adding a new section to read:

"§ 20-75.1.  Conditional delivery of motor vehicles.

Notwithstanding G.S. 20-52.1, 20-72, and 20-75, nothing contained in those sections prohibits a dealer from entering into a contract with any purchaser for the sale of a vehicle and delivering the vehicle to the purchaser under terms by which the dealer's obligation to execute the manufacturer's certificate of origin or the certificate of title is conditioned on the purchaser obtaining financing for the purchase of the vehicle.  Liability, collision, and comprehensive insurance on a vehicle sold and delivered conditioned on the purchaser obtaining financing for the purchaser of the vehicle shall be covered by the dealer's insurance policy until such financing is finally approved and execution of the manufacturer's certificate of origin or execution of the certificate of title.  Upon final approval and execution of the manufacturer's certificate of origin or the certificate of title, and upon the purchaser having liability insurance on another vehicle, the delivered vehicle shall be covered by the purchaser's insurance policy beginning at the time of final financial approval and execution of the manufacturer's certificate of origin or the certificate of title.  The dealer shall notify the insurance agency servicing the purchaser's insurance policy or the purchaser's insurer of the purchase on the day of, or if the insurance agency or insurer is not open for business, on the next business day following approval of the purchaser's financing and execution of the manufacturer's certificate of origin or the certificate of title.  This subsection is in addition to any other provisions of law or insurance policies and does not repeal or supersede those provisions."

Sec. 2.  This act becomes effective October 1, 1993.

In the General Assembly read three times and ratified this the 12th day of July, 1993.

 

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Dennis A. Wicker

President of the Senate

 

 

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Daniel Blue, Jr.

Speaker of the House of Representatives